HomeMy WebLinkAbout112414_ra03JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator - r
DATE: November 24, 2014
SUBJECT: PUBLIC HEARING re: Proposed Noise Control Ordinance
STATEMENT OF ISSUE: The County Commissioners will hold a public hearing on a
proposed Noise Control Ordinance. Jefferson County currently lacks a noise control ordinance.
ANALYSIS: Most other counties have such a regulation in place regarding noise control to
protect the quality of life for their citizens. A noise control ordinance is particularly needed in
this county because it is primarily rural and citizens expect and benefit from overall rural quiet.
The regulations from other Washington counties recognize the need to both define what types of
noises generate a public disturbance (and should be prohibited) and those noises that must be
acknowledged as reasonable and not offensive to the citizens' health and welfare in light of our
modern lifestyle. This proposed regulation would follow that balancing model found in the codes
of other Washington counties.
The proposed noise control ordinance was prepared by Chief Civil Deputy Prosecuting Attorney
David Alvarez in consultation with Interim Sheriff Joe Nole.
Public notice of the hearing was approved by the County Commissioners on November 10, 2014,
and was published in The Leader on November 12 and November 19, 2014, and was also posted
on the county's web page.
FISCAL IMPACT: None other than providing the Sheriffs Office with another regulatory tool.
RECOMMENDATION: Conduct the Public Hearing to accept verbal and written testimony on
the proposed ordinance, deliberate on the record, and adopt a noise control ordinance with or
without further amendment.
REVIEWED BY:
Philip Mo Count istrator
Cl�2E lY
Date
STATE OF WASHINGTON
County of Jefferson
An Ordinance Establishing } Ordinance No.
Noise Control Regulations }
For Jefferson County }
WHEREAS, part of the expectation arising from living in a predominantly rural county
such as Jefferson County is that one's quality of life is enhanced by the presence of peace
and quiet while at one's residence, particularly during the night time hours; and
WHEREAS, enjoying that peace and quiet is both a benefit of and a reason to reside in
the rural residential regions and villages of unincorporated Jefferson County and is
therefore worthy of protection through the general "police power' provided to the County
Commission; and
WHEREAS, certain categories of noise when heard some distance from their source
amount to a public disturbance that harms the rural character of this County by their
quality and unreasonableness, thus annoying and offending persons of normal hearing
and thereby disturbing the peace and quiet that is inherent as one quality of residing
within a rural county such as this one; and
WHEREAS, other noises, either based on when they are generated, or by their purpose
or inherent nature do not constitute a public disturbance and do not harm the rural
character of this county and therefore should not be prohibited or limited; and
WHEREAS, Jefferson County now joins other counties of this State in finding this
balance between those categories of noises that require regulation and those that do not.
NOW, THEREFORE, BE IT ORDAINED as follows:
Section One: Creation of a new chapter in the County Code.
There is hereby added to the Jefferson County Code a new Chapter in Title 8 entitled
"Noise Control," the text of which is made Attachment "A" to this Ordinance.
Section Two: Severability.
Should any section or text of the Chapter of the Jefferson County Code entitled "Noise
Control" be found to be unlawful by a court of competent jurisdiction or otherwise be
deemed unlawful, then all other sections of said Chapter shall remain effective and in full
force.
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Section Three: Effective Date.
The Chapter of the Jefferson County Code entitled "Noise Control Ordinance" shall be
effective immediately upon adoption.
APPROVED this day of , 2014.
JEFFERSON COUNTY
BOARD of COMMISSIONERS
SEAL:
John Austin, Chairman
David Sullivan, Member
ATTEST:
Phil Johnson, Member
Carolyn Avery,
Deputy Clerk of the Board
Approved as to form only:
David Alvarez, Deputy Prosecuting Attorney
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NOISE CONTROL
Sections:
Purpose.
Definitions.
Administration.
Violation Defined
Public disturbance noises.
Exempt Noises
Penalties.
Provisions not exclusive.
Disclaimer of liability.
Liberal Construction
ATTACHMENT A
Ordinance No. XX- XXXX -14
Purpose.
It is County policy to minimize the exposure of citizens to the harmful nuisance, physiological,
and psychological effects of excessive noise and to control the level of noise in a manner which
promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality
of the environment.
This Chapter supplements existing regulations for the control of public disturbance noise. It is
expressly the purpose of this Chapter to provide for and promote the health, safety and welfare of
the general public, and not to create or otherwise establish or designate any particular class or
group of persons who will or should be specially protected or benefited by the terms of this
Chapter.
Definitions.
(1) `Board" means the Board of Commissioners of Jefferson County.
(2) "County" and "Jefferson County" mean the unincorporated areas of Jefferson County.
(3) "Noise" means the intensity, duration and character of sounds from any and all sources.
(4) "Person" means any individual, corporation, partnership, association, governmental body,
state, or other entity whatsoever.
(5) "Public disturbance" means (a) source(s) of sound which unreasonably disturb(s) or
interfere(s) with the peace, comfort and repose of property owners or possessors.
Administration.
Administration and enforcement of this Chapter is the responsibility of the Jefferson County
Sheriff, his designee and/or other entity designated by the Board.
Violation Defined.
It shall be a violation of this Chapter to generate, produce, disseminate or otherwise make
available to the hearing of others a "public disturbance noise" or any source(s) of sound which
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unreasonably disturb(s) or interfere(s) with the peace, comfort and repose of property owners or
possessors.
Public disturbance noises.
(1) Public disturbance noises include:
(a) Within unincorporated Jefferson County, it is unlawful for any person to cause, or
for any person in possession or control of property to allow, sound to originate from
the property that exceeds the noise levels permitted by Chapter 173 -60 WAC
(Maximum Environmental Noise Levels), as that chapter now exists or as it may
hereafter be amended. The provisions of this subsection shall not apply to sounds
exempted under Chapter 173 -60 WAC, as that chapter now exists or as it may
hereafter be amended.
(b)Frequent, repetitive, or continuous sound of any horn, siren or car alarm attached to a
motor vehicle, except as a warning of danger or as specifically permitted or required
by law;
(c)Frequent, repetitive, or continuous noises from starting, operating, repairing,
rebuilding, or testing of any motor vehicle, motorcycle, dirt bike, other off - highway
or off -road vehicle, or any internal combustion engine;
(d)Between the hours of 10 p.m. and 7 a.m. Sunday through Thursday (example: 10
p.m. Sunday to 7 a.m. Monday) or between 11 p.m. and 7 a.m. on Friday or
Saturday (example: 11 p.m. Friday to 7 a.m. Saturday), any sound made by persons
or by use of a musical instrument, whistle, sound amplifier, portable audio
equipment, or other device, electronic or not, capable of producing or reproducing
sound, which sound emanates frequently, repetitively, or continuously from any
social gathering, building, structure, or property, such as sound originating from a
band session, tavern or bar operation, an indoor or outdoor social gathering, and
where the volume of such sound is such that it can be clearly heard by a person of
normal hearing at a location which is i) one hundred fifty feet or more from the
source of the sound and ii) not located on the property containing the source of the
sound;
(e) Sound from portable audio equipment, including that found in or as part of a motor
vehicle audio system, while traveling or parked in public streets, or in park areas,
residential and commercial zones, or any area where residences, schools, human
service facilities, or commercial establishments are in obvious proximity to the
source of the sound, and where the volume of such audio equipment is such that it
can be clearly heard by a person of normal hearing at a distance of one hundred fifty
feet or more from the source of the sound; provided, however, that this section shall
not apply to persons operating portable audio equipment within a public park
pursuant to an event sanctioned by a responsible authority under valid permit or
license:
(f) Yelling, shouting, hooting, whistling or singing, with or without electronic
amplification, between the hours of 10 p.m. and 7:00 a.m. when that sound can be
clearly heard by a person of normal hearing at a location which is i) one hundred
fifty feet or more from the source of the sound and ii) not located on the property
containing the source of the sound;
(g)Noise from a dog or cat in violation of JCC Section 6.07.080;
(h)Sound from the discharge or use of any firearm or explosive device between one -half
(1/2) hour after sunset and one -half (1/2) hour before sunrise;
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(i) Sound from a propane cannon, cherry gun, or similar sound - producing device;
(j) Sound for a refrigeration unit on a commercial vehicle or from a commercial
vehicle's engine when used to operate a refrigeration unit, when the vehicle is
stationary for longer than thirty (30) minutes and the sound can be clearly heard on
a separate residential property at a distance greater than one hundred fifty feet from
the source by a person of normal hearing;
(k)Within unincorporated Jefferson County, it is unlawful for any person to cause, or
for any person in possession or control of property, including a motor vehicle, to
allow sound which unreasonably disturbs or interferes with the peace, comfort, and
repose of one or more persons of normal hearing. A sound meter reading is not
necessary to establish that a public disturbance noise exists.
(1) Any other noise that is otherwise prohibited by state or federal law.
Exempt Noises.
Sounds originating from the sources listed here do not constitute a violation of this Chapter, are
not "public disturbance noises" and are defined as an "exempt noise" regardless of where or
when they occur.
a) Officially sanctioned events to which the general public is solicited to attend, including,
but not limited to, parades, festivals, or carnivals;
b) Officially sanctioned civic or park events, and amplified or unamplified sounds as
allowed by a Special Event Permit;
c) League or school sponsored events, including, but not limited to, athletic events, and
band practice;
d) Lawfully operated animal shelters, animal welfare facilities, kennels, pet shops, or
veterinary clinics;
e) Aircraft in flight or flight operations at airports and airfields including aircraft engine
testing and maintenance;
f) Bells, chimes, and carillons not operating continuously for more than five minutes;
g) Warning, safety or protective devices not operating continuously for more than five
minutes, including, but not limited to, back -up warning signals;
h) Emergency equipment and work necessary in the interests of law enforcement or for the
health, safety, or welfare of the community;
i) Electrical substations and stationary equipment used in the conveyance of water and
wastewater by any utility;
j) The installation or repair of essential utility services or work necessary to protect the
public health, safety, and welfare;
k) Generators during periods when there is no electrical service available from the primary
supplier due to power outage;
1) Vessels regulated for noise under Chapter 79A.60 RCW, "Regulation of Recreational
Vessels;"
m) Agricultural activities not considered a nuisance pursuant to JCC 18.15.095(3), and, the
natural sounds made by livestock, such as, by way of example, cows, bison, llamas,
chickens, and roosters;
n) Announcements upon public streets made for the purpose of commercial advertising, or
sales, or for attracting the attention of the public by those vendors whose sole method of
selling is from moving vehicles;
o) The operation of motor vehicles on highways which are regulated under Chapter 173 -62
WAC;
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p) Between the hours of 7 a.m. and 10 p.m., sounds originating from residential property as
a result of temporary projects for the construction, maintenance, or repair of home,
grounds, and appurtenances;
q) The lawful discharge of firearms for the protection of life or property, and the lawful use
of a firearm by a law enforcement officer in the performance of their duties including
training;
r) The discharge of firearms at a permitted shooting range when consistent with the
conditions of any applicable county land use permit and county license;
s) The lawful discharge of firearms in the course of lawful hunting if such lawful hunting is
conducted between one -half hour before sunrise and one -half hour after sunrise.
Penalties.
(1) Any violation of this Chapter shall be punished as follows:
(a) The first violation by a person within the preceding year shall be a warning.
(b) The second violation by a person within a one (1) year period shall be a Class 2 civil
infraction carrying a monetary penalty of one hundred twenty -five dollars ($125.00) plus
statutory assessments.
(c) A third or subsequent violation by a person within a one (1) year period shall be a
criminal misdemeanor punishable by a fine of up to one thousand dollars ($1,000),
ninety (90) days in jail, or both.
(2) In any prosecution for a civil infraction or criminal misdemeanor, evidence of a sound's level
through use of a sound -level meter reading shall not be necessary to establish the commission of
the offense.
(3) Civil infractions under this Chapter shall be enforced pursuant to Chapter 7.80 RCW and the
court rules.
Provisions not exclusive.
The provisions of this Chapter shall be cumulative and nonexclusive, and shall not affect any
other claim, cause of action or remedy and do not repeal, amend or modify any existing law,
ordinance or regulation relating to noise, but shall be deemed additional to existing statutes,
regulations and ordinances.
Disclaimer of liability.
Nothing contained in this Chapter is intended to be nor shall be construed to create or form the
basis for any liability on the part of the county, its officers, employees or agents, for any injury
or damage resulting from the failure of anyone to comply with the provisions of this Chapter, or
by reason or in consequence of the implementation or enforcement pursuant to this Chapter, or
by reason of any action or inaction on the part of the county related in any manner to the
enforcement of this Chapter by its officers, employees or agents.
Liberal Construction.
This Chapter shall be liberally construed to carry out its broad purposes.
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